S. 3054

A bill to amend the Energy Policy and Conservation Act to establish efficiency standards for bottle-type water dispensers, commercial hot food holding cabinets, and portable electric spas.

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II

111th CONGRESS

2d Session

S. 3054

IN THE SENATE OF THE UNITED STATES

March 1, 2010

Mr. Menendez introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To amend the Energy Policy and Conservation Act to establish efficiency standards for bottle-type water dispensers, commercial hot food holding cabinets, and portable electric spas.

1.

Efficiency standards for bottle-type water dispensers, commercial hot food holding cabinets, and portable electric spas

(a)

Definitions

Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) is amended by adding at the end the following:

(67)

Bottle-type water dispenser

The term bottle-type water dispenser means a drinking water dispenser that is—

(A)

designed for dispensing hot and cold water; and

(B)

uses a removable bottle or container as the source of potable water.

(68)

Commercial hot food holding cabinet

(A)

In general

The term commercial hot food holding cabinet means a heated, fully-enclosed compartment that—

(i)

is designed to maintain the temperature of hot food that has been cooked in a separate appliance;

(ii)

has 1 or more solid or glass doors; and

(iii)

has an interior volume of 8 cubic feet or more.

(B)

Exclusions

The term commercial hot food holding cabinet does not include—

(i)

a heated glass merchandising cabinet;

(ii)

a drawer warmer; or

(iii)

a cook-and-hold appliance.

(69)

Compartment bottle-type water dispenser

The term compartment bottle-type water dispenser means a drinking water dispenser that—

(A)

is designed for dispensing hot and cold water;

(B)

uses a removable bottle or container as the source of potable water; and

(C)

includes a refrigerated compartment with or without provisions for making ice.

(70)

Portable electric spa

(A)

In general

The term portable electric spa means a factory-built electric spa or hot tub that—

(i)

is intended for the immersion of persons in heated water circulated in a closed system; and

(ii)

is not intended to be drained and filled with each use.

(B)

Inclusions

The term portable electric spa includes—

(i)

a filter;

(ii)

a heater (including an electric, solar, or gas heater);

(iii)

a pump;

(iv)

a control; and

(v)

other equipment, such as a light, a blower, and water sanitizing equipment.

(C)

Exclusions

The term portable electric spa does not include—

(i)

a permanently installed spa that, once installed, cannot be moved; or

(ii)

a spa that is specifically designed and exclusively marketed for medical treatment or physical therapy purposes.

(71)

Water dispenser

The term water dispenser means a factory-made assembly that—

(A)

mechanically cools and heats potable water; and

(B)

dispenses the cooled or heated water by integral or remote means.

.

(b)

Coverage

Section 322(a) of the Energy Policy and Conservation Act (42 U.S.C. 6292(a)) is amended—

(1)

by redesignating paragraph (20) as paragraph (23); and

(2)

by inserting after paragraph (19) the following:

(20)

Bottle-type water dispensers and compartment bottle-type water dispensers.

(21)

Commercial hot food holding cabinets.

(22)

Portable electric spas.

.

(c)

Test procedures

Section 323(b) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)) is amended by adding at the end the following:

(19)

Bottle-type water dispensers

(A)

In general

Test procedures for bottle-type water dispensers and compartment bottle-type water dispensers shall be based on the document Energy Star Program Requirements for Bottled Water Coolers version 1.1 published by the Environmental Protection Agency.

(B)

Integral, automatic timers

A unit with an integral, automatic timer shall not be tested under this paragraph using section 4D of the test criteria (relating to Timer Usage).

(20)

Commercial hot food holding cabinets

(A)

In general

Test procedures for commercial hot food holding cabinets shall be based on the test procedures described in ANSI/ASTM F2140–01 (Test for idle energy rate-dry test).

(B)

Interior volume

Interior volume shall be based under this paragraph on the method demonstrated in the document Energy Star Program Requirements for Commercial Hot Food Holding Cabinets of the Environmental Protection Agency, as in effect on August 15, 2003.

(21)

Portable electric spas

(A)

In general

Test procedures for portable electric spas shall be based on the test method for portable electric spas described in section 1604 of title 20, California Code of Regulations, as amended on December 3, 2008.

(B)

Normalized consumption

Consumption shall be normalized under this paragraph for a water temperature difference of 37 degrees Fahrenheit.

(C)

ANSI test procedure

If the American National Standards Institute publishes a test procedure for portable electric spas, the Secretary shall revise the procedure established under this paragraph, as determined appropriate by the Secretary.

.

(d)

Standards

Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is amended—

(1)

by redesignating subsection (ii) as subsection (mm); and

(2)

by inserting after subsection (hh) the following:

(ii)

Bottle-Type water dispensers

Effective beginning January 1, 2012—

(1)

a bottle-type water dispenser shall not have standby energy consumption that is greater than 1.2 kilowatt-hours per day; and

(2)

a compartment bottle-type water dispenser shall not have standby energy consumption that is greater than 1.3 kilowatt-hours per day.

(jj)

Commercial hot food holding cabinets

Effective beginning January 1, 2012, a commercial hot food holding cabinet shall have a maximum idle energy rate of 40 watts per cubic foot of interior volume.

(kk)

Portable electric spas

Effective beginning January 1, 2012, a portable electric spa shall not have a normalized standby power rate of greater than 5 (V2/3) Watts (in which V equals the fill volume (in gallons)).

(ll)

Revisions

(1)

In general

Not later than January 1, 2013, the Secretary shall—

(A)

consider in accordance with subsection (o) revisions to the standards established under subsections (ii), (jj), and (kk); and

(B)
(i)

publish a final rule establishing the revised standards; or

(ii)

make a finding that no revisions are technically feasible and economically justified.

(2)

Effective date

Any revised standards under this subsection take effect on January 1, 2016.

.

(e)

Preemption

Section 327 of the Energy Policy and Conservation Act (42 U.S.C. 6297) is amended—

(1)

in subsection (b)—

(A)

in paragraph (6), by striking or after the semicolon at the end;

(B)

in paragraph (7), by striking the period at the end and inserting ; or; and

(C)

by adding at the end the following:

(8)

is a regulation that—

(A)

establishes efficiency standards for bottle-type water dispensers, compartment bottle-type water dispensers, commercial hot food holding cabinets, or portable electric spas; and

(B)

is in effect on or before the date of enactment of this paragraph.

; and

(2)

in subsection (c)—

(A)

in paragraph (8)(B), by striking and after the semicolon at the end;

(B)

in paragraph (9)—

(i)

by striking except that— and all that follows through if the Secretary and inserting except that if the Secretary;

(ii)

by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; and

(iii)

in subparagraph (B) (as so redesignated), by striking the period at the end and inserting and; and

(C)

by adding at the end the following:

(10)

is a regulation that—

(A)

establishes efficiency standards for bottle-type water dispensers, compartment bottle-type water dispensers, commercial hot food holding cabinets, or portable electric spas; and

(B)

is adopted by the California Energy Commission on or before January 1, 2013.

.